Chapter XIX. Supplemental Provisions (CNT Act 1908) Excerpts

Chapter XIX. Supplemental Provisions
Joint-landlords:
When two or more persons are joint-landlords, anything which a landlord is, under this Act, required or authorized to do must be done by both or all those persons acting together, or by an agent authorized to act on behalf of both or all of them.
The reasons which led to the enactment of Bengal Tenancy Act are explained in the support of the Bengal Rent Commission as follows:
A serious difficulty in the relations between landlords and tenants arises out of the system of coparcenary which is customary among Hindus and is not uncommonly imitated by Mohammadans. When the co-sharers are disunited and dissension prevails among them, their tenants are exposed to considerable harassment. The rent is payable to the co-sharers jointly, and properly on their joint receipts; but each attempts to collect separately the share to which he conceives himself entitled; and the tenant who would comply with all their demands would find that he had to pay a considerable amount more than his actual rent. Each co-sharer attempts to enhance the rents of his share, although no partition has been made; or each seeks to make a measurement, and rival amins prepare chittas, the entries in which are regulated by the gratifications which the Raiyats are able to willing to give them.
It was held that there was nothing in the Act, which authorized a landlord to sue a tenant for rent, and that; therefore, one of several co-sharers could still sue for the entire rent, making his co-sharers parties to the suit.
It has been held that the expression “Joint-Landlords” must be held to include all the co-sharers under whom the tenant holds, whether such co-sharers collect their quota of the rent from the tenant jointly or separately. But when the share of the rent is paid separately to a co-sharer, he can sue for recovery of his share, without reference to the other co-sharer.
In all other matters, it is submitted that the co-sharer landlords must apply or sue jointly or by authorized agent. Provision has been expressly made for the filing of suits for recovery of rent by a co-sharer landlord in certain cases, and under certain conditions.

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